May Court Accept Withdrawal of Guilty Plea and Re-Try Offender After Prison Term Completed?
State of Ohio v. David L. Harrison, Case no. 2008-0331 12th District Court of Appeals (Auglaize County) ISSUES: • In a case in which the state dismissed all other criminal counts arising from the same events in exchange for the defendant’s guilty plea to certain counts, and the defendant has completed the prison term to which he was sentenced for the counts to which he pleaded guilty, does the trial court retain jurisdiction to later: a) allow the defendant to withdraw his guilty plea; or b) allow the state to reindict the defendant on new charges arising from the same events? • Under this Court’s 2006 decision in Hernandez v. Kelly, when a trial court’s sentence imposes a term of post-release community control, but the stated term is legally incorrect, after the defendant has completed the prison term to which he was sentenced and been released from custody, does the trial court retain jurisdiction to resentence the defendant to the correct term of post-release control? BACKGROUND: In
